Farooq P.P vs State Of Kerala
2021 Latest Caselaw 15637 Ker

             IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
       THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
     TUESDAY, THE 27TH DAY OF JULY 2021 / 5TH SRAVANA, 1943
                     CRL.MC NO. 9178 OF 2019
                 CRIME NO.3/2012 OF VACB, KANNUR
AGAINST THE ORDER/JUDGMENT IN CC 17/2017 OF COURT OF ENQUIRY
      COMMISSIONER AND SPECIAL JUDGE, THALASSERY, KANNUR
PETITIONER/ACCUSED NO.3:

           FAROOQ P.P.
           AGED 60 YEARS
           S/O. ABDULKADER, HIRA HOUSE, NEAR MANIKKAVU,
           THANA,KANNUR
           BY ADVS.
           M.RAMESH CHANDER (SR.)
           SMT.K.A.SANJEETHA
           SRI.BALU TOM


RESPONDENT/COMPLAINANT/STATE:

           STATE OF KERALA
           REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
           KERALA, KOCHI-682 031
           BY ADV.SMT.K.B.SONY, SPL.PUBLIC PROSECUTOR, VACB


      THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION
ON   27.07.2021,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 Crl.M.C.No.9178 of 2019

                                    2



                  R. NARAYANA PISHARADI, J
             -------------------------------------------
                    Crl.M.C.No.9178 of 2019
            --------------------------------------------
                  Dated this the 27th day of July, 2021

                              ORDER

Heard the learned counsel for the petitioner and the learned

Public Prosecutor.

2. When the case came up for hearing today, learned

Public Prosecutor has invited the attention of this Court to the fact

that Annexure-A2 application for discharge filed by the petitioner

under Sections 227 and 239 Cr.P.C is still pending in the Court of

the Enquiry Commissioner and Special Judge, Thalassery.

3. Learned counsel for the petitioner submits that a

direction may be given to the learned Enquiry Commissioner and

Special Judge, Thalassery to dispose of the application for

discharge at an early date and that the petitioner would be

satisfied with such relief in this petition.

4. Considering the fact that regular sittings are not being

conducted in the lower courts in the State due to the pandemic

Covid-19, I find that it is not proper to fix a specific time limit for

the disposal of the discharge application but a direction to dispose Crl.M.C.No.9178 of 2019

of that application, as expeditiously as possible, can be given.

5. Consequently, the Court of the Enquiry Commissioner and

Special Judge, Thalassery is directed to dispose of Annexure-A2

discharge application filed by the petitioner in that Court as

expeditiously as possible. The Crl.M.C is disposed of as above.

Sd/-R. NARAYANA PISHARADI JUDGE lsn Crl.M.C.No.9178 of 2019

APPENDIX OF CRL.MC 9178/2019

PETITIONER ANNEXURE

ANNEXURE-A1 PHOTOSTAT COPY OF THE CHARGE SHEET,FIR, FIS AND FACTUAL REPORT ANNEXURE-A2 TRUE COPY OF THE APPLICATION FILED BY PETITIONER FOR DISCHARGE BEFORE THE COURT BELOW IN DECEMBER 2018 ANNEXURE-A3 TRUE COPY OF APPLICATION FOR DISCHARGE BEFORE THE COURT BELOW IN DECEMBER, 2018 BY ACCUSED NO 1 AND 2

RESPONDENTS EXHIBITS: NIL

TRUE COPY

P.A TO JUDGE

LSN